State v. Young

369 P.3d 205, 192 Wash. App. 850
CourtCourt of Appeals of Washington
DecidedMarch 1, 2016
DocketNos. 45996-5-II; 46113-7-II
StatusPublished
Cited by22 cases

This text of 369 P.3d 205 (State v. Young) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Young, 369 P.3d 205, 192 Wash. App. 850 (Wash. Ct. App. 2016).

Opinion

Bjorgen, A.C.J.

¶1 — Eugene Young and Claude Hutchinson appeal their convictions for second degree rape, [852]*852promoting commercial sexual abuse of a minor, communication with a minor for immoral purposes, and second degree attempted theft.

¶2 Young argues that (1) the trial court abused its discretion in ruling that there was sufficient evidence to support authenticating text messages from “Y.G.” and “Papi,” and that without those messages, there is insufficient evidence to support his conviction of communicating with a minor for immoral purposes. Hutchinson argues that (2) there is insufficient evidence to support his conviction of communicating with a minor for immoral purposes and (3) the prosecutor improperly impugned the integrity of his defense counsel when he asked a witness about whether his defense counsel was present at a pretrial interview. Both Young and Hutchinson (4) argue that the prosecutor misstated the law on accomplice liability during closing argument, which amounted to prosecutorial misconduct, and (5) raise additional arguments in their statements of additional grounds.

¶3 In the published portion of this opinion, we hold that the trial court reasonably exercised its discretion in ruling there was sufficient evidence to permit a reasonable juror to find that the text messages were authenticated or identified as from Young. In the unpublished portion, we address and reject Young’s remaining arguments and Hutchinson’s arguments. Accordingly, we affirm Young’s and Hutchinson’s convictions.

FACTS RELATING TO TEXT MESSAGES

¶4 In 2012, Young and Hutchinson promoted and directed two young women, N.H. and 16-year-old C.B.,1 in prostitution activities. To facilitate her prostitution, C.B. [853]*853communicated with Young through telephone calls and text messages. C.B. named the contact information for Young in her phone as “Papi.” Report of Proceedings (RP) at 317-20.

¶5 Young and Hutchinson also forced 16-year-old R.E. to participate in a fraudulent check transaction for them. When the check transaction involving R.E. was concluded, Young put the contact name ‘Y.G.” into R.E.’s cell phone. RP at 874. Later, Y.G. texted R.E., asking if she would be interested in prostitution. Y.G. was unsuccessful in persuading R.E. into prostitution, but the two continued to communicate about how she could get her money back after the fraudulent check transaction. Id.

¶6 The State subsequently charged both Young and Hutchinson with second degree rape, promoting commercial sexual abuse of a minor, first degree robbery, first degree kidnapping, and communication with a minor for immoral purposes. At trial, evidence was introduced describing these features of the text messages. The jury returned verdicts finding both Young and Hutchinson guilty of second degree rape,2 promoting commercial sexual abuse of a minor,3 communication with a minor for immoral purposes,4 and second degree attempted theft.5 Young and Hutchinson appeal their convictions.

ANALYSIS

¶7 Young argues that the trial court abused its discretion when it determined that the State had presented sufficient evidence to authenticate that texts from Papi to C.B. and from Y.G. to R.E. were from Young. This argument [854]*854fails because R.E. and C.B. both had personal knowledge that these contacts were Young and the contents of the text messages corroborate their interactions with him. Accordingly, the trial court reasonably exercised its discretion when it admitted the text messages.

I. Standard op Review and Legal Principles

¶8 We review a trial court’s admission of evidence for an abuse of discretion. State v. Bradford, 175 Wn. App. 912, 927, 308 P.3d 736 (2013), review denied, 179 Wn.2d 1010 (2014). A trial court abuses its discretion when its decision is manifestly unreasonable or based on untenable grounds. Id.

¶9 “The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.” ER 901(a). In State v. Bashaw, 169 Wn.2d 133, 140-41, 234 P.3d 195 (2010) (quoting State v. Payne, 117 Wn. App. 99, 106, 69 P.3d 889 (2003)), overruled on other grounds by State v. Guzman Nuñez, 174 Wn.2d 707, 285 P.3d 21 (2012),6 the Supreme Court held that to meet this requirement

[t]he party offering the evidence must make a prima facie showing consisting of proof that is sufficient “to permit a reasonable juror to find in favor of authenticity or identification.”

“ ‘[T]he proponent of offered evidence need not rule out all possibilities inconsistent with authenticity or conclusively prove that evidence is what it purports to be.’ ” In re Det. of H.N., 188 Wn. App. 744, 751, 355 P.3d 294 (2015) (alteration in original) (quoting State v. Andrews, 172 Wn. App. 703, 708, 293 P.3d 1203 (2013)).

¶10 “ ‘Because under ER 104 authenticity is a preliminary determination, the court may consider evi[855]*855dence that might otherwise be objectionable under other rules.’ ” Id. (quoting Rice v. Offshore Sys., Inc., 167 Wn. App. 77, 86, 272 P.3d 865 (2012)). “ ‘A trial court may, therefore, rely upon such information as lay opinions, hearsay, or the proffered evidence itself in making its determination.’ ” Id. (quoting State v. Williams, 136 Wn. App. 486, 500, 150 P.3d 111 (2007)). “ ‘Such information must be reliable, but need not be admissible.’ ” Id. (quoting Williams, 136 Wn. App. at 500). The Rules of Evidence provide a number of illustrative examples that demonstrate methods of authentication, including testimony of a witness with knowledge, ER 901(b)(1), and the contents of a message. See ER 901(b)(10)(iii). “ ‘Once a prima facie showing has been made, the evidence is admissible under ER 901.’” H.N., 188 Wn. App. at 751-52 (quoting Rice, 167 Wn. App. at 86).

¶11 Both parties rely on Bradford from Division One of our court. In Bradford, the court found under ER 901(a) that there was sufficient evidence introduced at trial to support a finding that text messages were what the State contended they were: text messages written and sent by Bradford. 175 Wn. App. at 928-29. The Bradford

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Bluebook (online)
369 P.3d 205, 192 Wash. App. 850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-young-washctapp-2016.